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2023 Supreme(Ker) 346

ANIL K. NARENDRAN, P. G. AJITHKUMAR
Laxmi Civil Engineering Services Pvt. Ltd, Represented By Its Executive Director – Appellant
Versus
Kerala Water Authority, Represented By Its Managing Director – Respondent


Advocates Appeared:
For the Appellant : NISHA GEORGE, GEORGE POONTHOTTAM (SR.), N. ANAND.
For the Respondents: P.M.JOHNY, P.M.JOHNY, ABRAHAM JOSEPH MARKOS, ISAAC THOMAS, P.G.CHANDAPILLAI ABRAHAM, V.ABRAHAM MARKOS, JOHN VITHAYATHIL, AIBEL MATHEW SIBY, JOSEPH KODIANTHARA (SR.), ALEXANDER JOSEPH MARKOS.

JUDGMENT :

(Anil K. Narendran, J.)

1. Since common issues are involved, these writ appeals were heard together and are being disposed of by this common judgment.

2. W.A.No.811 of 2023:- The appellant, namely, Laxmi Civil Engineering Services Pvt. Ltd., filed W.P.(C) No.10993 of 2023 before this Court, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P16 pre-qualification approval of tenders dated 25.03.2023 issued by the 4th respondent Superintending Engineer, Kerala Water Authority, PH Circle, Kozhikode to the extent it disqualified the petitioner in Ext.P1 e-tender notice dated 13.09.2022 regarding Jal Jeevan Mission (JJM) Phase II : Water Supply Scheme (WSS) to Chathamangalam and adjoining panchayats in Kozhikode District. The further reliefs sought for are a declaration that the petitioner is prequalified to get the work tendered in Ext.P1 e-tender notice dated 13.09.2022 and Ext.P2 notice inviting tender (Volume I); a writ of certiorari quashing Ext.P16 to the extent it prequalified the 5th and 6th respondents, namely, Midland Engineering and Contracting Company and one Joseph John and

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